If your brain injury was caused by someone else’s negligence or recklessness, you may be entitled to compensation to help pay your medical bills, make up for lost income, and more.
It’s difficult to know whether you have a valid claim – and the amount of compensation you may be entitled to – without the help of an experienced West Palm Beach personal injury attorney. Call Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 or contact us online to schedule your free consultation.
Traumatic brain injury: Causes and symptoms
A traumatic brain injury, or TBI, is an injury to the brain that can be caused by a bump, blow, or penetrating wound to the head. The most common cause of TBI-related injuries and deaths are:
Motor vehicle accidents
Workplace accidents involving construction or heavy machinery
TBIs cause changes in brain chemistry that affect many areas of your life, including mobility, concentration, memory, and personality.
In the event of a head injury, seek medical care immediately, especially if the injured person is experiencing any of the following symptoms:
Loss of consciousness for any amount of time
Confusion or disorientation
Blurred vision or tired eyes
Fatigue or lethargy
Ringing in the ears
Nausea or vomiting
Change in sleep patterns
Weakness or numbness in limbs
Headache that won’t go away or continually worsens
Behavioral or mood changes
Concentration and memory problems.
How our West Palm Beach brain injury lawyers can help you
Immediate medical care and the long-term treatment plan for a TBI can be very costly, especially if you were forced to miss work. Fortunately, attorneys from Lytal, Reiter, Smith, Ivey & Fronrath can help you collect compensation for your injuries by:
Identifying the party or parties who are liable (financially responsible) for your injury
Gathering and preserving evidence to prove liability
Gathering evidence, including from medical personnel and other experts, which support your eventual claim for damages
Filing an insurance claim or lawsuit against the liable party
Negotiating a settlement with the insurance company or liable party
(If the settlement is unfair and unreasonable) Taking the insurer or other party to court
Potential damages you could claim
You may be entitled to a broad range of damages, however, the specific damages and the amount depends on the circumstances surrounding the accident and the severity of your TBI and the related or resulting injuries.
You’re required to prove that you’re entitled to the damages you’re requesting, which is why it’s important that you promptly hire an attorney so that they can gather the appropriate evidence you need to support your claim.
Damages are broken down into economic and non-economic categories.
Economic damages include medical expenses related to the accident, anticipated future medical costs, lost wages, and anticipated lost future wages. These are damages that are easily quantifiable based on costs incurred or likely to occur.
The short- and long-term medical expenses are part of the economic damages you can recover. These can quickly run into the tens or even hundreds of thousands of dollars. These expenses include:
Emergency room treatment
Lost wages and loss of future income
When your TBI impacts your ability to work and support yourself and your family, it will be included in your damages award. These income-related damages include:
Short-term lost wages when you were out of work for medical treatment or recovering following the accident, surgeries, etc.
Lost benefits such as accrued sick and vacation time
Long-term changes to your earnings ability because you’re no longer able to do the job duties you had before the accident
Compensation to replace your lost earnings from the time of your injury through the remainder of your working life if you’re unable to return to work altogether
Our Florida traumatic brain injury attorneys work with industry experts to calculate and pursue damages to the fullest extent possible from the liable party’s insurance company.
These damages include pain and suffering, emotional distress, permanent disability or disfigurement, and loss of consortium or companionship (when a spouse or partner dies) as a result of the accident. These can be more difficult to prove and require an experienced attorney.
Emotional or psychological distress
Determining appropriate amounts for emotional and psychological distress will likely require the input of additional medical experts such as psychiatrists or psychologists and will rely upon the proper application of other similar lawsuits within the jurisdiction.
Loss of quality or enjoyment of life, including disability or disfigurement
A permanent disability or disfigurement can change the way a person looks, is viewed by the world, and experiences their life, all of which may have a negative impact on their overall well-being and their ability to enjoy their life to the same level and extent as they did before the injury.
Resources for brain injury survivors in Florida
Life after a brain injury can be different than before for both the accident victim and their families. Seeking out support can help to provide important information and services during the initial recovery from the accident or incident that caused the injury and beyond.
Receiving support following a traumatic injury is just as important as recovering financial compensation for the costs and damages associated with the injury.
There are a variety of support groups in Florida for the survivors of traumatic injuries and their families, including the following:
Spinal Cord Connections Support Group – Hollywood
Shands Jacksonville Spinal Cord Injury Support Group – Jacksonville
Disability Rights Florida is an organization that works to protect the rights of disabled persons in the state of Florida by providing protection and advocacy for disabled persons and those with mental illness, and by assisting with the alignment of necessary services and assistance.
Given that moderate to severe TBI can lead to the development of psychiatric problems, this may be a useful resource if you or a family member has experienced a TBI.
CILs are non-profit organizations that support community living and independence for persons with disabilities of all ages, provide support and tools to help disabled persons to better integrate into their communities. This may be a valuable resource if you or a loved one has experienced the long-term cognitive effects of a TBI.
Parent Support Network
The Parent Support Network (PSN) is a program provided by the Family Network on Disabilities which offers services to parents of children with a full range of disabilities. These services include support and training for preparing the children for school and teaching them how to lead productive, independent lives, to the extent possible.
Our West Palm Beach traumatic brain injury attorney can help